Document marking errors are the norm! The Guides are VERY complex.
I got 365,000 hits in Google for "Definitions of DoD Classified markings" It is complex and confusing and not something you can judge in "yes" and "no" questions. It does not work that way.
Hillary Clinton can say she did not send any classified emails because the emails had to be properly and clearly MARKED as classified to BE classified. A "C" classification means "Confidential." That "C" is the lowest classification, and, like all markings, might be incorrectly applied. The process of determining the markings is flawed at best, and often not complied with in the worst scenario, with by thousands of defense personnel and contractors ALL THE TIME.
I "graduated" from the Air Force after 22 years, including two years as an program inspector, and worked for Raytheon Company 17 years in contracting and finance, which includes 9 years finding mismarked documents.
The single most lax area of non-compliance in the defense business, whether you are in the military, or a contractor supporting the defense department, is improper marking of sensitive documents. In my experience I found many documents over-marked and under-marked. Marking errors were my #1 complaint in my defense work!
FBI Director James Comey reported in "FactCheck.org" written by Eugene Kiely:
"Comey said three emails had “portion markings” on them indicating that they were classified, but they were not properly marked and therefore could have been missed by Clinton. He said the emails were marked as classified with the letter “C” in the body of the email.
Kirby said the State Department believes that at least two of the emails were mistakenly marked as confidential. He could not speak to the third email, saying the department didn’t have “all of the records and documents that the FBI used in their investigation.”
Comey told the committee he is “highly confident” that FBI investigators consulted with the State Department about the marked emails. But he said he did not know that the department believes that any of them were marked in error."
Comey testified before Congress in a court-room like environment, asked "yes" and "no" type of questions. He could not or did not explain the context. The specific emails that were "sensitive" were not marked "Secret" or "Top Secret." They might be marked "Confidential" which is a low classification. The marking definitions are as follows:
The DoD Guide states: There are three levels of classification, "TOP SECRET", "SECRET" and "CONFIDENTIAL." Do not use other terms, such as "Official Use Only," or "Administratively Confidential," to identify classified national security information.
"Top Secret" is the strongest marking because the information contains or is information whose unauthorized disclosure could result in exceptionally grave danger to the nation
"Secret" applies to information where unauthorized disclosure would cause "serious damage" to national security
"Confidential" is the lowest classification level of information obtained by the government. It is defined as information that would "damage" national security if publicly disclosed.
